Court No. - 40
Case :- CRIMINAL MISC. WRIT PETITION No. - 2809 of 2021 Petitioner :- Shakir Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mashaluddin Shah Counsel for Respondent :- G.A.
Hon'ble Manoj Misra,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioner; learned A.G.A. for the respondents 1 and 2; and perused the record.
The instant petition seeks quashing of the first information report dated 05.12.2020 registered as Case Crime No.3082 of 2020, under Section 135 Electricity Act at P.S. Anti Power theft Firozabad, District Firozabad.
The allegation in the impugned first information report is that upon checking, it was found that there was illegal abstraction of electricity by use of "Katiya" in the premises of the petitioner bypassing the meter.
The learned counsel for the petitioner has submitted that the allegations are false and that he has been falsely implicated.
It is well settled that correctness of the allegation in the first information report is not to be ordinarily tested in exercise of power under Article 226 of the Constitution of India as it would have to be tested on the basis of material collected during the course of investigation and the evidence led in trial, if any required.
As an illegal abstraction of electricity has been found, the prayer of the petitioner to quash the first information report cannot be accepted.
The petition is dismissed without prejudice to the right of the petitioner to apply for bail/anticipatory bail or compounding of the offence, as may be advised.
Order Date :- 5.4.2021. Rks.